What is Ember?

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Ember is a live music venue situated in the vibrant heart of downtown Richmond. Designed with cutting-edge lighting and sound technology, our venue offers an unparalleled music experience where patrons can immerse themselves in the finest live performances enhanced by exceptional sound and lighting effects. The main area of our venue is standing room, providing an energetic atmosphere, while we also offer elevated VIP sections for those seeking reserved dining and bottle service.

Our venue boasts a range of impressive features, including a dynamic stage, over 100 LED screens, top-of-the-line sound system, a convenient box office, two spacious green rooms, and comprehensive dining options serving delicious meals and a wide selection of alcoholic beverages. To stay updated on our upcoming events and national acts visiting Richmond, VA, we encourage you to regularly check our event calendar. We are a cashless venue that accepts all credit cards along with Apple Pay.

At Ember, we handle all talent booking internally, and you can reach out to us at info@embermusichall.com to inquire about booking our venue. We offer various options for back-end and door deals for artists on tour, providing flexible arrangements that cater to their specific needs.

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This terms of service agreement (“Terms”) sets forth the terms under which LX Group uses Cymbal (“we,” “our,” or “us”) to provide our messaging services, including our apps, features, software, and website (“Cymbal”).

IF YOU ARE LOCATED IN THE UNITED STATES OR CANADA, EXCEPT WHERE PROHIBITED BY LAW (WHICH MAY INCLUDED THE PROVINCE OF QUEBEC),YOU AGREE THAT DISPUTES BETWEEN US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. WE EXPLAIN SOME EXCEPTIONS BELOW. PLEASE REVIEW SECTION 11.

By registering for or using Cymbal, you agree to these Terms.

1. Our services

We issue unique phone numbers or other communication accounts (“Cymbal Numbers”) to individuals and entities or their designees (collectively, “Cymbal Organizations”).

Cymbal Organizations can use Cymbal to message with the individuals who have agreed to message with them (“Cymbal Members”).

Please also read our Privacy Policy, which describes how we collect, use, and disclose information when you use Cymbal.

2. Eligibility to use Cymbal

You are not permitted to use Cymbal (including sending messages to a Cymbal Number), a) if you are under the age of 13, b) you are a child for whom parental consent is required to fully use Cymbal under applicable laws, c) we have previously suspended or disabled your account for violations of our terms and policies, d) we do not direct our services to your geographic territory, or e) you are otherwise prohibited under applicable laws from using our services. Certain age requirements may be waived if you’re an Organization and we have received your verified parental consent. If you are using Cymbal on behalf of an organization, then you are entering into these Terms on behalf of the organization, and you represent that you have the authority to bind the organization to these Terms.

3. Our messaging policies

You must not use Cymbal to transmit any content or data that is unlawful, that infringes any intellectual property rights. Though we have no obligation to do so, we may access, review, block (including limiting Cymbal Organizations’ ability to access messages), or delete your messages at any time and for any reason, including (i) to provide and develop Cymbal, (ii) if we think your messages violate these Terms, (iii) you have not fully completed registration with Cymbal and/or connected with the relevant Cymbal Organization, and (iv) to comply with applicable law or any request or requirement of a court, law enforcement or other administrative agency or governmental body. For any messages sent or received, we do not guarantee: (a) the suitability or legality of such messages; (b) the truth or accuracy of such messages; (c) the performance or conduct of people on Cymbal (including Cymbal Organizations and Cymbal Members); or (d) who a Cymbal Organization or Cymbal Member permits to access and use Cymbal on their behalf.

4. Terms for Cymbal members

By sending messages to a Cymbal Number, registering to become a Cymbal Member, or otherwise using Cymbal, you agree that:

- we may send you account-related messages at the phone number or account you have provided to us or the Cymbal Organization;we may share the registration information you submitted for one Cymbal Organization with other Cymbal Organizations that you agree to message with instead of asking for you that same information again;each Cymbal Organization alone (and not Cymbal) is responsible for determining whether and what messages are sent to you via their Cymbal Number and when those messages are sent (which may be at any time of day, including on weekends or holidays);messages (including the timing and content of messages) sent by Cymbal Organizations may be fully or partially automated;you are responsible for any messaging and data charges that you may incur when messaging with Cymbal Organizations or with us;your consent to receive messages is not a condition of any purchase;Cymbal Organizations may block you from messaging with them via Cymbal at any time, for any reason, without notice;Cymbal Organizations may not see your messages to their Cymbal Number(s) until you fully complete the registration process and connect with them;Cymbal may filter messages from reaching a Cymbal Organization for various reasons, including based on a Cymbal Organization’s settings and where such messages violate our Acceptable Use Policy;some messages may not be delivered (e.g., if there is an outage on the Cymbal or if a carrier blocks content);messages sent via Cymbal may contain links to third-party websites or apps, which may be subject to different terms and conditions and privacy practices, and we are not responsible or liable for their content, products, or services (“Third Party Materials”);you will use only your own phone number or account when messaging a Cymbal Organization (and if we discover that you did not use your own phone number or account, we may suspend or terminate your account access at any time); andif you change or deactivate the phone number or account that you used when signing up to receive messages from a Cymbal Organization, you will email us at hello@cymbal.co within 72 hours to update or remove your information.

If you want to stop receiving messages from a particular Cymbal Number, send a message that says STOP (case insensitive) to that Cymbal Number. For more information about our privacy practices (including information on how to stop receiving messages from all Cymbal Organizations), see our Privacy Policy. You may also request assistance at any time by sending a message that says HELP (case insensitive) to any Cymbal Number or emailing us at hello@cymbal.co.

By registering with Cymbal, you agree that Cymbal may use your information to send you emails, text messages, and other messages, including for Cymbal’s marketing purposes, informational purposes (such as updates to our service), and to suggest other Organizations to follow.

By sending messages to a Cymbal Organization, you grant that Cymbal Organization (including individuals and entities working or affiliated with such Cymbal Organization) a worldwide, royalty-free, sublicensable, transferable, and perpetual license to reproduce, distribute, display, publish, and otherwise use your messages in any way and for any purpose, and you grant us all of the same rights to use your messages for the purpose of operating, providing and improving Cymbal (such as to allow us to deliver your messages to the Cymbal Organization, analyze the messages, and to store your messages on our servers).

You acknowledge and agree that (i) a Cymbal Organization may share your messages publicly (including for marketing purposes); (ii) you have no expectation of privacy with respect to messages you send to a Cymbal Organization; and (iii) we may collect, analyze and use your messages together with your information, including demographic and location information, on an aggregated, de-identified or anonymized basis together with the messages and information of others, for any purpose, including to improve, enhance, further develop and test Cymbal and any of our technology, to create and refine algorithms and other machine learning methods and processes, to identify and predict patterns and trends, and to train and refine machine learning or analytical models or engines.

5. Restrictions

We and our licensors retain all right, title and interest, including all intellectual property rights, in and to Cymbal and all Cymbal Numbers. Any and all use of our trademarks by you will inure to our benefit and you will not obtain or retain any rights in our trademarks.

You must not (and must not assist or allow others to): (i) reverse engineer, alter, modify, create derivative works from, decompile, or extract code from Cymbal; (ii) send, store, or transmit viruses or other harmful computer code through or onto our servers or systems; (iii) gain or attempt to gain unauthorized access to our servers or systems; (iv) interfere with or disrupt the integrity or performance of our servers or systems; (v) use unauthorized or automated means to create accounts or send messages; or (vi) collect the information of or about our users in any impermissible or unauthorized manner.

We welcome and encourage you to provide us with feedback, comments, and suggestions for improvements to Cymbal (“Feedback“). Any Feedback you submit to us will be owned by us and we may use and exploit that Feedback without restriction for any purpose, without compensation to you.

6. Term & termination

You may terminate these Terms at any time and for any reason by emailing us at us at hello@cymbal.co and asking us to delete your Cymbal account, and we may suspend or disable your Cymbal account and/or terminate these Terms at any time, for any reason, without advance notice. If we suspend or disable your Cymbal account for a violation of these Terms, you must not create another Cymbal account without our permission.

Regardless of who terminates these Terms, both you and we continue to be bound by sections 3, 4, 6, and 9-16 of these Terms and any other provisions that by their nature are intended to survive termination or expiration of these Terms.

7. Copyright infringement

If you believe that anything on Cymbal infringes a copyright that you own or control, please send us a written notice to the email below that meets the requirements set forth in the U.S. Digital Millennium Copyright Act of 1998 (“DMCA”).

hello@cymbal.co

Please note that if you knowingly give false, misleading, or inaccurate information regarding the existence of infringing content, we may suspend your account, and you may face other legal consequences.

If we have taken down any material or content that you believe should not have been removed, you can send us a written counter-notice by email to hello@cymbal.co. Please be sure your counter-notice meets the DMCA requirements.

We may promptly terminate without notice the accounts of users who have been notified of infringing activity, including those who have had messages removed from Cymbal at least three times (“Repeat Infringers”).

8. Disclaimers

The laws of certain jurisdictions, including Quebec, may not allow limitations on implied warranties or conditions. If these laws apply to you, some or all of the below disclaimers might not apply to you.

To the maximum extent permitted by law:

- Cymbal is provided “as is” and “as available” and without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement;

- we do not represent or warrant that (i) Cymbal will always be secure, error-free, or timely; (ii) Cymbal will always function without delays, disruptions, or imperfections; or (iii) any messages you send or receive via Cymbal will be timely or accurate; and

- we take no responsibility and assume no liability for any messages that you, another user, or a third party send or receive via Cymbal. You agree that you may be exposed to messages that might be offensive, illegal, misleading, or otherwise inappropriate, none of which we will be responsible for.

9. Limitation of liability

The laws of certain jurisdictions, including Quebec, may not allow the exclusion or limitation of certain damages. If these laws apply to you, some or all of the below limitations might not apply to you.

To the maximum extent permitted by law, we and our shareholders, employees, affiliates, associated companies, licensors, agents, and suppliers (collectively, the “Affiliated Entities”) will not be liable for any indirect, incidental, special, consequential, exemplary, punitive, or multiple damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use Cymbal; (ii) the conduct or content of other users or third parties via Cymbal; or (iii) unauthorized access, use, or alteration of your messages, even if we have been advised of the possibility of such damages.

Your sole and exclusive remedy for dissatisfaction with Cymbal or any Third Party Materials is to stop using Cymbal. In no event will the liability of us and our Affiliated Entities, in the aggregate, for all claims relating to these Terms or Cymbal, exceed the greater of $100 USD or the amount you paid us, if any, to use Cymbal in the last 12 months.

10. Idemnification

To the maximum extent permitted by law, you agree to indemnify and hold us and our Affiliated Entities harmless from any losses, including legal fees and expenses, that directly or indirectly result from (i) your messages; (ii) your use of Cymbal; (iii) your violation of any laws or regulations; (iv) third-party claims that you or someone using your password did something that, if true, would violate these Terms; (v) any misrepresentations made by you; or (vi) a breach of any representations or warranties you’ve made to us. We reserve the right to employ separate counsel and assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In such an event, you shall provide us with such cooperation as we reasonably request.

11. Dispute resolution

(Not applicable to Quebec consumers) If you are a Cymbal user located in the United States or Canada, then this section applies to you. Please also read that section carefully and completely. If you are not subject to section 11 below, then all disputes arising out of or related to these Terms or any aspect of the relationship between us (including any communications between us), whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory (“Disputes”), will be resolved exclusively in the United States District Court for the Southern District of California or a state court located in Los Angeles County in California, and you agree to submit to the personal jurisdiction of such courts for the purpose of litigating all such Disputes. Without prejudice to the foregoing, you agree that, in our sole discretion, we may elect to resolve any Dispute we have with you in any competent court in the country in which you reside that has jurisdiction over the Dispute.

(Not applicable to Quebec consumers) The laws of the United States (including federal arbitration law) and the State of California govern these Terms, as well as any Disputes, whether in court or arbitration, which might arise between us, without regard to conflict of law provisions, and regardless of your location.

For Quebec consumers: These Terms, as well as any Disputes which might arise between us will be governed by the laws of the Province of Quebec, without regard to conflict of law provisions, and the laws of Canada applicable therein, and any Disputes will be submitted to the courts of competent jurisdiction of the District of Montreal (Quebec).

12. Arbitration

(Not applicable to Quebec consumers) If you are a Cymbal user located in the United States or Canada, then this section applies to you.

Except for disputes that qualify for small claims court, all disputes arising out of or related to these Terms or any aspect of the relationship between us (including any communications between us), whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, will be resolved through final and binding arbitration before a neutral arbitrator instead of in a court by a judge or jury. You agree that we are each waiving the right to trial by a jury. Such disputes include, without limitation, disputes arising out of or relating to interpretation or application of this arbitration provision, including the enforceability, revocability, or validity of the arbitration provision or any portion of the arbitration provision. All such matters will be decided by an arbitrator and not by a court or judge.

You agree that any arbitration under these Terms will take place on an individual basis; class arbitrations and class actions are not permitted and you are agreeing to give up the ability to participate in a class action.

The arbitration will be administered by the American Arbitration Association under its Consumer Arbitration Rules, as amended by these Terms. The Consumer Arbitration Rules are available online at https://www.adr.org/sites/default/files/Consumer%20Rules.pdf. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. Any in-person appearances will be held at a location that is reasonably convenient to both parties with due consideration of their ability to travel and other relevant circumstances. If the parties are unable to agree on a location, the AAA or the arbitrator will determine the location.

The arbitrator’s decision will follow the terms of these Terms and will be final and binding. The arbitrator will have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of these Terms, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof.

You may opt out of this agreement to arbitrate by emailing us at hello@cymbal.co with your first name, last name, phone number, and address within 30 days of accepting this agreement to arbitrate, with a statement that you decline this arbitration agreement.

Notwithstanding any of the foregoing, nothing in these Terms will prevent you from bringing issues to the attention of federal, state, or local agencies and, if the law allows, they can seek relief against us for you.

13. Export controls

You are responsible for complying with United States export controls and for any violation of such controls, including any United States embargoes or other federal rules and regulations restricting exports. You represent, warrant, and covenant that you are not: (i) located in, or a resident or a national of, any country subject to a U.S. government embargo or other restriction, or that has been designated by the U.S. government as a “terrorist supporting” country; or (ii) on any of the U.S. government lists of restricted end users.

14. Changes to these terms

We may modify these Terms from time to time. When we update these Terms, we will revise the “Last updated” date above and post the new Terms on Cymbal.com. Your continued use of Cymbal (including, without limitation, signing up to receive messages from an additional Cymbal Organization after an update) confirms your acceptance of the updates. If you do not agree to any update, you must stop using Cymbal. We may also modify or discontinue all or part of Cymbal at any time; or charge, modify, or waive any fees required to use Cymbal.

15. Other terms

- You use Cymbal at your own risk, and you must comply with all applicable laws, rules, and regulations while doing so. We may limit Cymbal’s availability at any time, in whole or in part, to any person, geographic area, or jurisdiction.

- Unless a mutually executed agreement between us states otherwise, these Terms make up the entire agreement between us regarding Cymbal and supersede any prior agreements regarding the subject matter of these Terms.

- Nothing in these terms, addendums, or privacy policy shall signify that Cymbal offers or plans to offer Services in any particular country, even when a country or its laws are explicitly named or otherwise referenced.

- These Terms do not, and shall not be construed to, create any partnership, joint venture, employer-employee, agent, or franchisor-franchisee relationship between us.

- We notify you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available from https://en.wikipedia.org/wiki/Comparison_of_content-control_software_and_providers.

- All of our rights and obligations under these Terms are freely assignable by us to any of our affiliates or in connection with a merger, acquisition, restructuring, or sale of assets, or by operation of law or otherwise. You will not transfer any of your rights or obligations under these Terms to anyone else without our prior written consent.

- Except as expressly set forth herein, there are no third-party beneficiaries to these Terms.

- If we fail to enforce any of these Terms, it will not be considered a waiver. If any provision of these Terms is found unenforceable, then that provision will be severed from these Terms and not affect the validity and enforceability of any remaining provisions.

- These Terms are written in English (U.S.). Any translated version is provided solely for your convenience. To the extent any translated version of these Terms conflicts with the English version, the English version controls.

This Privacy Policy describes how LX Group uses Cymbal (“we,” “our,” or “us”) to collect, use, and otherwise process personal data that you provide to us, or that we obtain or generate, to provide you with our messaging services, including our apps, features, software, and website (“Cymbal”)

1. Our services

We issue unique phone numbers (or other communication accounts) (“Cymbal Numbers”) to individuals and entities or their designees (collectively, “Cymbal Organizations”). Cymbal Organizations can use Cymbal to message with the individuals who have agreed to message with them (“Cymbal Members”).

Please also read our Terms(“Terms”), which applies to Cymbal Organizations and related customers.

2. Our collection of information

We collect the following when you use Cymbal:

Messaging info

When you interact with Cymbal Numbers (including by sending text messages to or calling a Cymbal Number), we collect your messages, including message-related information (such as the phone number from which the message was sent, when the message was sent, the content of the message, any attached files or media, and data from interactive features such as reactions, effects, stickers, scheduling, polls, and payments). When calling a Cymbal Number, we may also collect additional message information, such as the content of a voicemail, duration of the call, and keys pressed. When you interact with messages sent via Cymbal, we collect information about those interactions too. We refer to all of this as “Messaging Info.”

Keep in mind that Cymbal Organizations who receive your message info via Cymbal can save a copy and use that information outside of Cymbal. This includes any personal information you send in a message (for example, your address), so be careful with what you choose to share. If you don’t fully complete your registration with a Cymbal Organization via Cymbal, then some or all of your Messaging Info may not be delivered to them.

Contact Info

We may collect information, such as your name, email, phone number, and demographic information such as your date of birth, gender identity, location, or interests (collectively, “Contact Info”) from you when you register with Cymbal or from a Cymbal Organization. Once you register your information on Cymbal, you may be able to connect to additional Organizations without reentering your Contact Info again each time. If you start a conversation with a Cymbal Organization from a supported website or Internet-based messaging service, the required Contact Info and signup process may vary (e.g., the registration process may be integrated into their website or email).

Member Info

We or the Organization may analyze your activities (including your Contact Info, Messaging Info, and imported data) and generate insights about you (“Member Info”). For example, if you tell a Cymbal Organization that your favorite ice cream flavor is chocolate, the Cymbal Organization may tag you as a “chocolate lover.” Such insights may be manually or automatically generated on Cymbal or imported by Cymbal Organizations from outside of Cymbal. Cymbal Organizations may be able to save or sync their Cymbal address book for use outside of Cymbal, which may include your Contact Info and Member Info.

Organization Info

To sign up as a Cymbal Organization, you need to provide intake information and/or set up a Cymbal account. This may involve your name, email address, phone number, business information, and other information. Through that account, you may also provide email addresses and other login information for additional authorized users for the account. You may customize your account by providing a profile name, profile picture, bio, social media handles, automated responses, branded images, and voicemail messages. If you integrate your Cymbal Organization account with another service, we may receive information from that integration, such as your business information, information about your contacts, or financial information. This includes, for example, syncing your address book, your customer or marketing platform, or other data source. You can disconnect your integrations at any time, which will stop syncing Cymbal with that service going forward (existing data may remain on Cymbal). Collectively, we refer to this information associated with a Cymbal Organization’s account as “Organization Info.”

Technical Info

When using Cymbal, including registering to become a Cymbal Member or a Cymbal Organization when using our apps and website, clicking on links or media in messages sent via Cymbal, or using Organizations’ online properties that embed our tags or forms, we collect Internet, electronic activity, and other information automatically from the devices and browsers that you use and from the messages that you send (collectively, “Technical Info”). This includes information about the type of device and operating system you use, your phone number, your IP address and location, cookie and device identifiers, the type and version of browser you use, app version, and your ISP or wireless carrier. We may also collect information about your location, such as by using your IP address to determine your approximate location. When using our apps and website as a Cymbal Organization, we also collect information about the links you send or click on, pages you view, other information about how you use Cymbal, and other standard server log information.

Payment Info

In certain situations, you may provide us or our payment processors with payment information, such as your credit or debit card number, card expiration date, CVV code, and billing address.

Correspondence

When you contact our customer support or sales teams, participate in one of our surveys, contests, or promotions, or communicate with us in any other way, we’ll collect whatever information you volunteer or that we need to resolve your question.

Other Info

We may also receive or sync information about you from other sources, including from Cymbal Members, Cymbal Organizations, third-party services, partners, and organizations. We may aggregate or de-identify the information described above. Aggregated or de-identified data (meaning data that cannot reasonably be tied to you or used to identify you) is not subject to this Privacy Policy.

3. Our use of information

We use the information described above for the following business purposes:

- to manage and promote Cymbal Numbers, onboard people to Cymbal, and enable messaging with Cymbal Organizations;to operate the Cymbal platform for Cymbal Organizations, including by offering our websites and apps, analyzing Messaging Info and Contact Info, automating and scheduling messages, and integrating with external systems and data;to market Cymbal to potential and current Cymbal Members and Cymbal Organizations;to otherwise develop, operate, improve, deliver, promote, maintain, and protect Cymbal services (including troubleshooting, data analytics, testing, research, statistical and survey purposes);to send you communications and respond to your communications (for example, we may use email to respond to support inquiries or to share information about Cymbal);to manage our relationship with you (including providing you with the information, products and services that you request from us); andto keep Cymbal and our users safe and secure, to enforce our Terms and other usage policies, to comply with legal requirements, and to protect or exercise our legal rights or defend against legal claims.

4. Our disclosure of information

We may share the information described above in the following ways:

- With Cymbal Organizations. We may share your information with the Cymbal Organizations you are interacting with via Cymbal. Cymbal Organizations may be able to save or sync copies of their Cymbal address book for use outside of Cymbal, which may include Contact Info and Messaging Info. The information practices of Cymbal Organizations are not covered by this Privacy Policy. Before signing up to message with a Cymbal Organization via Cymbal, we encourage you to review that Cymbal Organization’s privacy policy. With Cymbal Members and the general public. If you are a Cymbal Organization, we may share your account information (such as your Cymbal Number, profile name, profile picture, branded images, and voicemail message) and messages with Cymbal Members and the general public.

- With vendors and service providers. We may share your information with third-party vendors and service providers that provide services to us, such as telecommunications companies or internet platforms that process and deliver messages, the cloud platforms and services we use to host and process data, online platforms where we deploy our services, the marketing/ad platforms we use to acquire users, data analytics software, security and debugging services, communication tools, our payment and billing processors, content moderation tools, website hosting software, research and survey tools, third party auditors, and data management tools.

- With corporate affiliates. We may share your information with our corporate affiliates.

- In business transfers. We may share information about you as part of a merger or acquisition. If we are involved in a merger, asset sale, financing, liquidation or bankruptcy, or acquisition of all or some portion of our business to another company, we may share your information with that company before and after the transaction closes.

- For legal purposes. We may disclose information to respond to subpoenas, court orders, legal process, law enforcement requests, legal claims or government inquiries, and to protect and defend the rights, interests, safety, and security of Cymbal.com, Inc. and our affiliates, users, and the public.

- With your consent. If you consent, we may also share information for any other purposes disclosed to you at the time we collect the information or pursuant to your consent.

- No mobile information will be shared with third parties/affiliates for marketing/promotional purposes. All the above categories exclude text messaging originator opt-in data and consent; this information will not be shared with any third parties.

5. Our use of cookies

When you use Cymbal, we use cookies, pixel tags, local storage, and other similar technologies (collectively, “cookies”), including third-party cookies, to collect information from your browsers or devices. By using Cymbal, you consent to our use of cookies and similar technologies. You may be able to refuse or disable cookies by adjusting your web browser settings. Some browsers have options that allow the visitor to control whether the browser will accept cookies, reject cookies, or notify the visitor each time a cookie is sent. Because each web browser is different, please consult the instructions provided by your web browser (typically in the “help” section). If you choose to refuse, disable, or delete these technologies, some of the functionality of Cymbal may no longer be available to you.

6. Your rights & choices

If you are a Cymbal Member and you want to stop receiving text messages from a particular Cymbal Number, message “STOP” (case insensitive) to their Cymbal Number. You can later send the message “START” (case insensitive) to their Cymbal Number to start receiving their messages again. As a Cymbal Member, you can also view, update, and delete most of your personal information on Cymbal by texting “HELP” to the Cymbal Number and clicking on the link to your member portal. You can also easily unsubscribe from Organizations using this method. If you want to stop receiving messages from all Cymbal Numbers, email hello@cymbal.co. Note: if you unsubscribe from a Cymbal Organization’s messages, they won’t be able to send you additional messages via Cymbal, but we and they may still have your information.

You can delete your information by emailing hello@cymbal.co. You may also be entitled, in accordance with applicable law, to object to or request restriction of processing of your information, and to request access to, rectification, erasure, and portability of your information or more information about our information practices. Requests should be submitted in writing by emailing us at hello@cymbal.co. We will comply with your requests as required by applicable law. Keep in mind that Cymbal Organizations may still retain copies of your information, like your Contact Info and Messaging Info, even after you have deleted the information from Cymbal. If you want a Cymbal Organization to delete your information, you will need to contact them directly. Review that Cymbal Organization’s privacy policy to learn more.There may be legal requirements for us to retain your information, for instance if we receive valid legal process asking us to preserve data or if we are investigating potential violations of our Terms.

You may be able to refuse or disable cookies by adjusting your web browser settings. Some browsers have options that allow the visitor to control whether the browser will accept cookies, reject cookies, or notify the visitor each time a cookie is sent. Because each web browser is different, please consult the instructions provided by your web browser (typically in the “help” section). If you choose to refuse, disable, or delete these technologies, some of the functionality of Cymbal may no longer be available to you.

7. California privacy disclosures

If you are a California resident, the California Consumer Privacy Act (“CCPA”) permits you to request that we disclose to you the following information covering the past twelve months: the categories of personal information we collected about you and the categories of sources from which we collected such personal information; the specific pieces of personal information we collected about you; the business or commercial purpose for collecting or selling (if applicable) personal information about you; the categories of third parties with whom we shared personal information about you; the categories of personal information about you that we sold and the categories of third parties to whom we sold such personal information (if applicable); and the categories of personal information about you that we otherwise shared or disclosed, and the categories of third parties with whom we shared or disclosed such personal information (if applicable). Additionally, you may request that we delete personal information we have collected from you as defined under the CCPA.

You can use the tools described in “Your Rights and Choices” or email us at hello@cymbal.co to exercise your rights under the CCPA. You may only make a verifiable consumer request for access or data portability twice within a 12-month period. Depending on your request, we may ask you to take steps to verify your identity, such as by texting us from the phone number you used when signing up and/or providing additional information. We will not discriminate against you for exercising your rights and choices. If we receive your request from an authorized agent purporting to act on your behalf, we will ask the agent to provide proof that it has valid written authority to submit requests on your behalf, and we may ask you to verify your identity directly with us and to confirm that you provided such agent with power of attorney.

In the past 12 months, we have not sold your personal information to third parties. We have shared your information with third parties with Cymbal Organizations at your direction and for business purposes as described in the table above. When personal information is collected, we collect it from the sources described in the “Our collection of information” section above. The personal information is used for the purposes described in the “Our use of information” section above. When personal information is disclosed for a business purpose, we disclose it for the purposes described in the “Our disclosure of information” section above.

Some mobile and web browsers transmit “do-not-track” signals. Because of differences in how web browsers incorporate and activate this feature, it is not always clear whether users intend for these signals to be transmitted, or whether they even are aware of them. We currently do not take action in response to these signals.

8. European privacy disclosures

If you are an individual in the European Economic Area, the UK, or Switzerland, please read this section, which provides additional information applicable to you.

We collect and process information about you only where we have legal bases for doing so under applicable laws in your country. The legal bases depend on the services you use and how you use them. This means we collect and use your information only where:

- we need it to provide you with our services consistent with our Terms, including to operate Cymbal, provide customer support and personalized features, and to protect the safety and security of Cymbal;it satisfies a legitimate interest (which is not overridden by your data protection interests), such as for research and development, to promote Cymbal and to protect our legal rights and interests;you give us consent to do so for a specific purpose;where the processing is necessary to protect the vital interests of an individual;the processing is necessary for the performance of a taskwe need to process your data to comply with a legal obligation.

If you have consented to our use of information about you for a specific purpose, you have the right to change your mind at any time, but this will not affect any processing that has already taken place. If we are using your information because we or a third party have a legitimate interest to do so, you have the right to object to that use though, in some cases, this may mean no longer using Cymbal.

When we share information of customers in the European Economic Area, the UK, or Switzerland, we make use of the European Commission-approved standard contractual data protection clauses (a copy of which can be obtained by emailing us at hello@cymbal.co), or other appropriate legal mechanisms to safeguard the transfer. Information will be retained only for so long as reasonably necessary for the purposes set out above, in accordance with applicable laws.

You may lodge a complaint with a supervisory authority if you believe our processing of your information is unlawful.

9. International transfers

By using Cymbal and providing us with information, you understand and agree that we may transfer and store your information on servers located outside your resident jurisdiction. Where permitted by applicable law, to the extent you are a resident of a country other than the United States, you consent to the transfer of such data to the United States for processing by us in accordance with this Privacy Policy. Some of the third parties described in this privacy policy, which provide services to us under contract, are based in other countries that may not have equivalent privacy and data protection laws to your home country.

10. Changes to this privacy policy

We may modify this Privacy Policy from time to time. When we update the Privacy Policy, we will revise the “Last updated” date above and post the new Privacy Policy on cymbal.co. If we make any changes that materially change the ways we process or protect your information, we will provide additional notification of the changes as required by applicable law.

11. Our contact information

If you have any questions about this Privacy Policy or our practices, please email us at hello@cymbal.co.

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